How much time do I legally have to file an auto insurance claim after an accident in California?

While your insurance policy requires you to report an accident promptly, California law gives you two years to file a lawsuit for personal injuries and three years for property damage. Here are the steps you should take after an auto accident: Step 1: Report the Accident to Your Insurer Immediately Call your insurance company’s 24/7 claims hotline as soon as possible after the accident. Your policy requires you to provide "prompt notice." Delaying this step can give your insurer a reason to deny your claim, even if you are within the legal deadlines to file a lawsuit. Your insurer's phone number is on your insurance card and website. Step 2: File a Report with the DMV You must file a Report of Traffic Accident Occurring in California (Form SR-1) with the DMV within 10 days if the accident caused any injuries, death, or more than $1,000 in property damage. You can download this form from the California DMV website. Step 3: Collect and Organize Your Documents Gather all related documents to support your claim. This includes a copy of the police report, photos of the vehicle damage and accident scene, the other driver's contact and insurance information, and any initial medical bills or repair estimates. Step 4: Monitor Legal Deadlines to File a Lawsuit If you cannot resolve the claim with the insurance company, you must file a lawsuit before the legal deadline, known as the statute of limitations. In California, you have two years from the date of the accident to file for personal injury and three years for property damage. Important Considerations: The deadlines mentioned above are the absolute latest you can act to preserve your right to sue. Your insurance claim should be filed much sooner. If your accident involved a government vehicle or employee (like a city bus or public works truck), you have only six months to file a formal government tort claim. Note: Missing these deadlines can permanently prevent you from recovering any money for your damages. Do not wait until the last minute. An insurance company can argue that a long delay hurt their ability to investigate, potentially leading to a denial of your claim. This is general information and does not constitute legal advice. For complex situations, especially those involving serious injuries or disputes with an insurer, you should consult with a qualified California attorney.